Section
114.01 Definitions
114.02 Prohibitions
114.03 Application for license; fees; issuance
114.04 Inspection of facilities
114.05 Suspension or revocation of license
114.06 Consent for performing procedures on persons under 18
114.07 Prohibitions relating to persons under 18
114.08 Defenses to violations
114.09 Training standards; records; safety and sanitation; equipment
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BOARD OF HEALTH. A Board of Health established under the provisions of M.S. § 145A.03, as it may be amended from time to time. If the City does not have a Board of Health, then this term means the authority having the duties of a Board of Health in the City, including, but not limited to, the County Board of Health.
BODY PIERCING. Includes ear piercing, except when the ear piercing procedure is performed with an ear piercing gun.
BUSINESS. Any entity that provides services for compensation.
EAR PIERCING GUN. A mechanical device that pierces the ear by forcing a disposable single-use stud or solid needle through the ear.
TATTOO. Has the same meaning given in M.S. § 146B.01, subd. 30, as it may be amended from time to time.
(Prior Code, § 1104.01)
No person shall do any of the following:
(A) Operate a business that offers tattooing or body piercing services unless the City Council issues it a license to do so;
(B) Perform a tattooing or body piercing procedure in a manner that does not meet the safety and sanitation standards established by this chapter and any federal, state or local laws, rules or regulations; or
(C) Perform a tattooing procedure, body piercing procedure or ear piercing procedure with an ear piercing gun in a manner that does not meet the standards for appropriate disinfection and sterilization of invasive equipment or parts of equipment used in performing the procedures established by this chapter and any federal, state or local laws, rules or regulations.
(Prior Code, § 1104.02) Penalty, see § 10.99
(A) A person seeking approval to operate a business that offers tattooing or body piercing services shall apply to the City on forms the City or the Board of Health shall prescribe and provide. The applicant shall submit all information the City and the Board of Health determines is necessary to process the application. The applicant shall include the fee established under § 34.01 of this code of ordinances or as established by the Board of Health.
(B) To receive approval to offer tattooing or body piercing services, a business must demonstrate to the Board of Health the ability to meet the requirements established by this chapter and any federal, state or local laws, rules or regulations for safe performance of the tattooing or body piercing procedures, training of the individuals who perform the procedures and maintenance of records.
(C) If the Board of Health determines, following an inspection conducted under § 114.04 of this chapter, that a business meets the requirements for approval, it shall so advise the City. The City Council may either approve or deny the license, or it may delay action for a reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If the City Council shall approve the license, the City Clerk-Treasurer shall issue the license to the applicant. If the City Council denies the license, notice of the denial shall be given to the applicant along with notice of the applicant’s right to appeal the City Council’s decision. Approval remains valid for one year unless earlier suspended or revoked under § 114.05 of this chapter. A business’s approval may be renewed. Approval is not transferable.
(Prior Code, § 1104.03)
(A) The Board of Health, or a person or another body designed by the City, shall conduct at least one inspection of a business prior to approving the business under § 114.03 of this chapter to offer tattooing or body piercing services. The Board may conduct additional inspections as necessary for the approval process.
(B) The Board of Health may inspect an approved business at any time the Board considers necessary, but not less frequently than once every three years. In an inspection, the Board of Health shall be given access to the business’s premises and to all records relevant to the inspection.
(Prior Code, § 1104.04)
(A) The City Council may suspend or revoke the approval of a business to offer tattooing or body piercing services at any time it determines that the business is being operated in violation of this chapter or any federal, state or local laws, rules or regulations.
(B) Proceedings for suspensions and revocations shall be conducted in accordance with rules adopted in Ch. 110 of this code of ordinances for the suspension or revocation of business licenses.
(Prior Code, § 1104.05)
(A) No person shall perform a body piercing procedure or ear piercing procedure with an ear piercing gun on an individual who is under 18 years of age unless consent has been given by the individual’s parent, guardian, or custodian in accordance with division (B) below. Tattooing a person under the age of 18 is gross misdemeanor regardless of parental or guardian consent.
(B) A parent, guardian or custodian of an individual under age 18 who desires to give consent to a business to perform on the individual under age 18, body piercing procedure or ear piercing procedure performed with an ear piercing gun shall do both of the following:
(1) Appear in person at the business at the time the procedure is performed; and
(2) Sign a document provided by the business that explains the manner in which the procedure will be performed and methods for proper care of the affected body area following performance of the procedure.
(Prior Code, § 1104.06)
(A) (1) Unless consent has been given in accordance with § 114.06 of this chapter, no individual who is under age 18 shall obtain or attempt to obtain a tattooing service, body piercing service or ear piercing service performed with an ear piercing gun.
(2) No individual who is under age 18 shall knowingly show or give false information concerning the individual’s name, age or other identification for the purpose of obtaining a tattooing service, body piercing service or ear piercing service performed with an ear piercing gun.
(B) (1) No individual shall knowingly show or give any false information as to the name, age or other identification of an individual who is under age 18 for the purpose of obtaining for the individual under age 18 a tattooing service, body piercing service or ear piercing service performed with an ear piercing gun.
(2) No individual shall impersonate the parent, guardian or custodian of an individual who is under age 18 for the purpose of obtaining for the individual under age 18 a tattooing service, body piercing service or ear piercing service performed with an ear piercing gun.
(Prior Code, § 1104.07)
(A) An operator or employee of a business that performs tattooing services, body piercing services or ear piercing services performed with an ear piercing gun may not be found guilty of a violation of § 114.06(A) of this chapter or any federal, state or local laws, rules or regulations in which age is an element of the provisions if:
(1) The individual obtaining a tattooing service, body piercing service or ear piercing service performed with an ear piercing gun, at the time of so doing, exhibited to the operator or employee of the tattooing, body piercing or ear piercing business a driver’s or commercial driver’s license or an identification card issued under state law showing that the individual was then at least age 18;
(2) The operator or employee made a bona fide effort to ascertain the true age of the individual obtaining a tattooing, body piercing or ear piercing service by checking the identification presented, at the time of the service, to ascertain that the description on the identification compared with the appearance of the individual and that the identification had not been altered in any way; and
(3) The operator or employee had reason to believe that the individual obtaining a tattooing, body piercing, or ear piercing service was at least age 18.
(B) In any action or proceeding before a court of record in which a defense is raised under this section, the Registrar of Motor Vehicles or the Registrar’s Deputy who issued a driver’s or commercial driver’s license or an identification card shall be permitted to submit certified copies of the records, in the Registrar’s or Deputy’s possession, of the issuance in lieu of the testimony of the personnel of the Bureau of Motor Vehicles at the hearing, action or proceeding.
(Prior Code, § 1104.08)
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